Injured by Excessive Use of Force at Protest?

Steve WagnerDec 8, 2015

A Time of Protest

Over the past several years, there has seemed to be an increase in both
small and large protests. With rising concerns about civil rights, equality,
and equal treatment under the law, various locations in the United States
have housed smoldering, long-term protests and explosive protests arising
out of specific, immediately-occurring events. Some protests contain elements of both.

While many protests are peaceful, there are now mounting cases of intense
clashes between protesters and police. Protesters sometimes allege violations
of their civil rights or excessive use of force. In the worst cases, there
may be allegations of serious police brutality.

The explosion in these types of cases will, over time, provide the public
with some idea of how similar lawsuits may be resolved. Unfortunately,
those injured while engaged in civil disobedience often are not viewed
sympathetically; however, there are instances where excessive police force
causing serious injuries, such as traumatic brain injury, during protests
has resulted in settlements worth millions of dollars.

Very recently, in July 2015, the New York Police Department reached a settlement
with six Occupy Wall Street protesters who were bringing a lawsuit for
police brutality. In that case, Deputy Inspector Anthony Bologna was accused
of pepper-spraying a small group of protesters of peaceful protesters
without any provocation. The NYPD policy on pepper spray states that officers
can use it for protection, but not against individuals who are not actively
resisting. The Department said Detective Bologna acted out of concern
for public safety, but after the accusers came forward, the NYPD determined
it was in the best interests of the department to settle the case, resulting
in an award of $333,000.

In 2013, the city of Oakland agreed to pay nearly $700,000 to a protester
who was injured in November 2011 by a police beating that left him with
a lacerated spleen, which required surgery.

In a very serious and disturbing case, 24 year-old former Marine and Iraq
War veteran had been on the scene for an October 2011 Occupy Oakland protest
for only a few minutes when officers began to shoot lead-filled bean bags
into the crowd using 12-gauge shotguns. One hit Scott in the head, shattering
his skull and destroying part of his brain. As other protesters attempted
to help him, officers shot additional munitions at them, causing them
to scatter. One of these shots landed so close to Scott Olsen, lying helpless
on the ground, that his shoulder was badly burned. Despite his presence
on the ground once the crowd had dispersed, no police officer attempted
to get him medical assistance. The city of Oakland agreed to a $4.5 million
settlement.

Did you experience excessive police force or police brutality while engaged
in a protest? Were you injured as a result? The attorneys at
Wagner Reese can discuss possibly claims against a city, police department, college,
or other entity. Call our Indianapolis-based lawyers now for a FREE consultation:
(888) 204-8440.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.

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